Patna High CourtCR. MISC./32443/2016bail granted

Rinku Ojha v. The State Of Bihar

2016-09-16Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32443 of 2016 Arising Out of PS.Case No. -319 Year- 2016 Thana -ARA NAGAR District- BHOJPUR ======================================================

1. Rinku Ojha, S/o- Late Dina Ojha, Resident of Village- Krishna Nagar, P.S. Nawada Ara, District- Bhojpur, Ara.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arbind Kumar Singh For the State : Mr. Sri Ram Priya Saran Singh For the Informant : Mr.Rahul Nath ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-09-2016 Heard learned counsel for the petitioner and the State. The petitioner is in custody in a case registered under Sections 307, 325/34 and 120(B) of the Indian Penal Code and 27 of Arms Act.

The prosecution case is that co-accused Birendra Kumar Ojha fired upon the informant causing gun shot injury in his right buttock while pillion riding on a motorcycle which was being driven by the petitioner. The occurrence took place in the back ground of some dispute between the informant and coaccused Birendra Ojha. It is submitted on behalf of the petitioner that the petitioner is in custody since 10.06.2016. Charge sheet has been submitted in this case. The petitioner has got no criminal

Patna High Court Cr.Misc. No.32443 of 2016 (3) dt.16-09-2016 2/2 antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. No overt act has been alleged against the petitioner. The injury is said to have been caused by co-accused - Birendra Ojha.

On behalf of the State and counsel for the informant, it is submitted that the petitioner is named in the FIR and the petitioner has actively participated in the alleged occurrence. Having considered the facts and circumstances of the case, let, above named petitioner, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhojpur, Ara in connection with Ara Town P.S.Case No. 319 of 2016.

(Sudhir Singh, J) singh/- U T